You probably know how bad it can feel when a past mistake keeps resurfacing in your life. An arrest, a criminal conviction, something you did eventually move on from, and it just keeps following you around.
The reality is, while you may have moved on, your past has not. That is where SB 731 swoops in. SB 731 provides people with an actual opportunity to make a clean slate. The new law is designed to assist impacted individuals to seal, or destroy, certain “criminal records” in California.
Instead of feeling stuck, you will see how this SB 731 reform allows your past to finally open doors to new opportunity, while removing the stigma from your past.
What Is SB 731?
At its core, SB 731 (also known as Senate Bill 731) is California’s move to expand who can clear their record. It builds on earlier reforms that gave some people the ability to seal criminal convictions. With this new law, more individuals can now have their records sealed automatically or through a petition.
What does SB 731 California Do?
SB 731 California widens the scope of record-sealing in two important ways:
- Automatic sealing: Many felony and misdemeanor convictions will be automatically sealed after a set period, as long as you complete your sentence and avoid new convictions.
- Petition-based sealing: For certain cases not eligible for automatic relief, you can still file a petition with the court to request record sealing.
This expansion helps reduce barriers that keep people from moving forward. Think about it: a person’s criminal record, including even minor offenses, can limit housing, licensing, and job opportunities. SB 731 recognizes this problem and gives people the chance to leave those barriers behind.
Who Qualifies Under SB 731 Criminal Record Sealing
Eligibility is the question we probably get asked the most. SB 731 applies in a wide variety of cases, but there are clear standards for eligibility.
- Most felonies and misdemeanors: Most records are sealed automatically if you complete your sentence or parole/probation and have not committed a crime for a period of time.
- Felony convictions: Serious offenses may also qualify, but they cannot be violent crimes or certain sex offenses.
- Individuals serving a prison sentence in a state prison: SB 731 allows those persons to petition for sealing, whereas prior laws precluded them from seeking relief.
However, violent felony convictions and specific sex crimes will still be excluded. These records were deemed too serious to obtain relief under this law.
How the Process of Criminal Record Sealing Works
There are two main ways this happens:
- Automatic record relief
- After completing your sentence and meeting time requirements, the system updates automatically.
- The Department of Justice ensures these records are sealed without requiring you to file paperwork.
- Petition-based relief
- For records not covered by automatic relief, you must petition the court.
- A district attorney and sometimes a law enforcement agency may weigh in.
- If approved, your record is sealed, giving you the same benefits as automatic relief.
This dual system makes it easier for more people to qualify, while still leaving oversight for the most serious cases.
Benefits of SB 731 for Individuals and Communities
The benefits of SB 731 extend far beyond the individual whose record is sealed.
- Employment opportunities: The significant barrier of records being visible on standard background checks is removed and employers have to evaluate you based on your skills, not your background.
- Housing access: Landlords typically deny applications because of old criminal records. By sealing those records, a significant barrier is removed.
- Professional licenses: Those in trades, health care, and law are often denied by licensing boards. SB 731 will ease that transition.
- Community growth: Providing a second chance will reduce recidivism, improve families, and strengthen the local economies.
It’s not just about sealing a record, but it’s also about providing actual record relief that creates opportunities for thousands of Californians.
Limitations and Exceptions
SB 731 California is a substantial reform, but it is not a get-out-of-jail-free card for every case. There are still restrictions that you should know:
- Serious or violent felonies will continue to show on your record.
- Sex offences that require registration also do not qualify.
- Sealed records will still be accessible by law enforcement agencies, district attorneys, or courts should they be needed for future cases.
This bill strikes a balance between protecting public safety while still allowing a fresh start to people who truly qualify.
Senate Bill 731 in Context: Other Record-Clearing Laws
Senate Bill 731 is part of a bigger movement in California. Before this law, others like AB 1076 introduced automatic sealing for certain cases. SB 731 builds on that by including more people, especially those with felony convictions who previously had no options.
When compared to earlier reforms, SB 731 is the most comprehensive record-sealing law in the state’s history. It signals a cultural shift toward second chances instead of lifelong punishment. Still, every law has its unique process, and knowing the difference can help you or someone you know figure out which path applies.
If you’re unsure where you stand, connecting with a criminal defense attorney in Los Angeles can help you understand the best steps for your situation.
Moving Forward with SB 731
SB 731 gives individuals a chance at rewriting their futures. More people’s lives are going to be impacted by expanding record sealing for criminal records and providing relief to those who have completed prison time in California state prisons, providing a newly minted status to more Californians.
Generally, most people are now able to see reimagined futures using their past as an experience that they can now put behind them, although the limitations still refer to violent and/or sexual offenses.
The record sealing reform is not just sealing people’s criminal records or letting the public access them again; it is returning dignity, providing better access to employment, and empowering communities. If you think your past will always keep you down, this law will help you get to that future.
Preventing yourself from spending time on your rights and benefits means you act sooner as opposed to later. If you would like further clarity on your unique circumstances, contacting a criminal defense attorney in Los Angeles is the best next step.
Frequently Asked Questions
What records are automatically sealed under SB 731?
Most misdemeanor and many felony records are automatically sealed after you complete your sentence and remain conviction-free for a set time.
Can employers see sealed records under SB 731?
No. Standard background checks won’t show sealed records, but law enforcement and certain agencies may still access them.
How do I find out if my record qualifies under SB 731?
You can review your case history or talk to a qualified attorney who can check your eligibility and explain the process.
Is SB 731 retroactive?
Yes. SB 731 applies to both new and old cases, giving relief even to people who were convicted years ago.
References
- San Diego Law Library. (n.d.). SB 731 and Automatic Record Sealing: Guide for California Residents.
- California Legislature. (n.d.). Official Text of Senate Bill No. 731 (2021-2022).
- Los Angeles Criminal Lawyer. (n.d.). Understanding California Senate Bill 731 and Its Impact on Convictions.
- Safe & Just California. (n.d.). Landmark SB 731 Expands Record Sealing for Californians.
- Hurwitz Law Group. (n.d.). Eligibility Criteria and Limitations of Record Sealing Under SB 731.
- California Association of Licensed Investigators. (n.d.). Legislative Overview of SB 731 and Related Record-Sealing Laws.
- Melkonyan Law Firm. (n.d.). SB 731 and Its Effect on California Criminal Records.